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Kazaa has become so popular so fast that a
coalition of
entertainment companies has filed suit in U.S. District Court in
Los
Angeles, seeking to shut it down. The coalition says the service has
become
a ``candy store of infringement,'' through which millions
of pirated copies of
songs, writings, TV shows and motion pictures
are available to anyone, free.
Those same arguments helped the entertainment
industry
successfully close down Napster. But going after Kazaa is proving more
difficult.
That's
because Kazaa is a multinational
creation. The three young men who
developed the software hail from Estonia. They
were commissioned to
do the work by a company in the Netherlands. That company
has since
sold the software to another based in the Pacific island nation of
Vanuatu, whose executives work in Australia.
Filing suit against Kazaa, therefore, has
forced the entertainment industry to negotiate the legal rules of no
fewer than
five countries on three
continents.
This case
``is one in a series of skirmishes
that will determine whether the
information network the public enjoys five to 10
years from now is
open or closed and to what extent different countries will
have a
role in controlling it,'' said Jonathan Zittrain, co-director of the
Berkman Center for Internet & Society at Harvard
University.
For now,
there is only legal confusion.
The entertainment companies filed suit against
Kazaa in the
United States because that's where most of the users are -- about
9.5 million people a month use the software, according to Forrester
Research.
But in doing so, the coalition set itself up for
inevitable clashes with other
countries' court
systems.
A U.S. judge,
for instance, recently ordered
Tallinn, Heinla and Kasesalu to
cooperate with entertainment industry lawyers
seeking documents and
testimony on how the software works. But a judge in
Estonia rebuffed
the request, saying the men did not have to talk -- at least
for
now.
An appeals court in
the Netherlands, meanwhile,
ruled that local distributors of the
software shouldn't be responsible for
piracy by its users. That's
the same question in front of the U.S. judge.
Roderick G. Dorman, a lawyer representing
Sharman Networks, the current owner of the software, argues that the
Vanuatu-based company is not subject to U.S. laws. He worries that a
ruling
otherwise could set a precedent that invites any country to
meddle in another's
online ventures.
Lawyers for the Recording Industry Association
of America and Motion Picture Association of America, on the other
hand, have
issued a statement saying Kazaa is perpetrating an
``intricate international
shell game aimed at evading the U.S.
court's jurisdiction and avoiding
liability'' by spreading its
operations around the world.
``They did it intentionally to get around the
Napster
decision,'' said Matthew J. Oppenheim, one of the entertainment
industry's lawyers.
Kazaa's founders scoff at the claim. They say
the
involvement of people from so many countries is happenstance, a product
of
how easy it is to do business across borders in the Internet age.
The
programmers insist they did not set out to help people trade
music and movies
illegally.
Niklas Zennstrom, 36, an originator of Kazaa,
said the
system, at its core, turns the Internet into a ``global hard drive''
--
and nothing more.
``You can ask for a file and you can download
it. That is
all the technology does,'' Zennstrom said.
Zennstrom, nevertheless, believes a more
controlled distribution system for digital files is in store. The
programming
team is now working on a file-swapping system that would
allow people to dictate
how their content is to be distributed --
whether it will be free for all, free
for a few days and then
locked, cost $5 a file, and so on. It also would allow
people to
copy from the nearest and least busy computer, allowing then to
disseminate information much more cheaply and much faster than
through
centralized systems.
Zennstrom has negotiated a contract with a
company called
Altnet to provide technology for its online distribution system.
Altnet is also using Microsoft technology to provide a way for
people to pay for
content.
But before the rest of Hollywood embraces such
technology,
industry analysts said, the lawsuits must be
resolved.
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